10 U.S.C. § 7452: Cadets: hazing

Summary

The Superintendent must, with the Secretary of the Army’s approval, write rules that say what hazing is, try to stop it, and set punishments like suspension or dismissal. If a cadet is charged with a hazing rule that could lead to dismissal and asks in writing for a general court-martial, they cannot be dismissed for that charge unless that court-martial sentences them to dismissal. A cadet dismissed for hazing cannot be reappointed to the Corps or get a regular commission in the Army, Navy, Air Force, Marine Corps, or Space Force until two years after their class graduates.

Title 10, §7452

Armed Forces, Source: USLM XML via OLRC

(a)Subject to the approval of the Secretary of the Army, the Superintendent of the Academy shall issue regulations—

(1)defining hazing;

(2)designed to prevent that practice; and

(3)prescribing dismissal, suspension, or other adequate punishment for violations.

(b)If a cadet who is charged with violating a regulation issued under subsection (a), the penalty for which is or may be dismissal from the Academy, requests in writing a trial by a general court-martial, he may not be dismissed for that offense except under sentence of such a court.

(c)A cadet dismissed from the Academy for hazing may not be reappointed to the Corps of Cadets, and is ineligible for appointment as a commissioned officer in a regular component of the Army, Navy, Air Force, Marine Corps, or Space Force, until two years after the graduation of his class.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 4352(a)4352(b) 4352(c)10:1163 (1st par.).10:1163 (1st 32 words of last par.).10:1163 (last par., less 1st 32 words).Mar. 2, 1901, ch. 804 (2d proviso under “Permanent Establishment”); restated Apr. 19, 1910, ch. 174 (38th par. under “Buildings and Grounds”), 36 Stat. 323. In subsection (a), the word “violations” is substituted for the words “infractions of the same”. The words “to embody a clear” are omitted as surplusage. In subsection (b), the words “the penalty for which is or may be” are substituted for the words “which would involve”. The words “may not be dismissed for that offense except under sentence of such a court” are substituted for the words “shall be granted”. In subsection (c), the words “a regular component” are inserted, since the source statute historically applied only to the regular components.

Editorial Notes

Amendments

2021—Subsec. (c). Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps”. 2018—Pub. L. 115–232 renumbered section 4352 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§7452 Cadets: Hazing

Summary

Title 10, §7452

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata